HB 68

Sponsor
Session
Regular Session 2018
Title
Courts Judicial Resources Allocation, Chief Justice of Supreme Court of Alabama, require to reassign judges for prompt administration of justice, presiding circuit judge, authorized to reassign judges within circuit, Secs. 12-9A-7, 12-9A-8 added
Description

Relating to courts; to require the Chief Justice of the Supreme Court of Alabama to temporarily assign a circuit or district judge to another circuit for a reasonable period of time under certain conditions; and to authorize the presiding judge of a circuit to assign a circuit or district judge to serve within the circuit or within the district courts of the circuit under certain conditions.

Subjects
Courts
View Original PDF: HB 68 - Enrolled - PDF

Relating to courts; to require the Chief Justice of the Supreme Court of Alabama to temporarily assign a circuit or district judge to another circuit for a reasonable period of time under certain conditions; and to authorize the presiding judge of a circuit to assign a circuit or district judge to serve within the circuit or within the district courts of the circuit under certain conditions; and to exempt Jefferson County from this act

Section 1

Sections 12-9A-7 and 12-9A-8 are added to the Code of Alabama 1975, to read as follows: §12-9A-7. (a) The Chief Justice of the Supreme Court of Alabama, by order, shall assign a circuit or district judge from a judicial circuit to serve within another judicial circuit for a reasonable period of time to address court congestion, court delay, civil and criminal backlog of cases, or for any other reason necessary for the prompt and thorough administration of justice. (b) When considering the amount of time a judge may be assigned from his or her home circuit to another circuit, the Chief Justice shall take into consideration all relevant HB68 circumstances regarding the judicial needs of the circuits involved. (c) A judge assigned to serve another circuit under subsection (a) shall be reimbursed for any necessary and reasonable expenses of travel and the same maintenance expense allowances from the State Treasury that the judge would be entitled to receive when attending court or transacting other official business outside of the judge's home circuit. (d) A refusal to follow an order from the Chief Justice that is issued under this section constitutes a violation of the canons of judicial ethics. (d) This section shall not apply in Jefferson County. §12-9A-8. (a) A presiding circuit judge, by order, may assign a circuit or district court judge who is within the circuit to serve within the circuit or within the district courts of the circuit. Before assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including the currency, congestion, and backlog of criminal and civil cases. (b) Assignments of judges by the presiding circuit judge shall be in writing and shall be sent to the assigned judge as soon as practicable. The presiding judge or the judge's designee may notify the assigned judge orally of the assignment. An oral notification of an assignment is sufficient until a written notification can be prepared and HB68 delivered to the assigned judge. A copy of each written assignment shall be filed with the Administrative Director of Courts and in the office of the clerk or register of the court to which the assignment is made. (c) Except as otherwise provided by law or rule, the presiding judge may assign judicial secretaries, bailiffs, and court reporters in the judicial system within the circuit to service in the circuit or district court as the service may be required. (d) A refusal to follow an order from the presiding circuit judge issued under this section constitutes a violation of the canons of judicial ethics. (d) This section shall not apply in Jefferson County.

Section 2

It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court of Alabama shall amend Rule 13 of the Alabama Rules of Judicial Administration to conform with the provisions of Section 12-9A-8, Code of Alabama 1975, as added by this act.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. HB68 Speaker of the House of Representatives President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 22-FEB-18, as amended. Jeff Woodard Clerk Senate 22-MAR-18 Amended and Passed Concurred in Sen- House 28-MAR-18 ate Amendment

No articles found.
Action Date Chamber Action
March 28, 2018HForwarded to Governor on March 28, 2018 at 4:30 p.m. on March 28, 2018.
March 28, 2018HAssigned Act No. 2018-567.
March 28, 2018HClerk of the House Certification
March 28, 2018HEnrolled
March 28, 2018SSignature Requested
March 28, 2018SConcurred in Second House Amendment
March 28, 2018HHill motion to Concur In and Adopt adopted Roll Call 1078
March 28, 2018HConcurrence Requested
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1031
March 22, 2018SWard motion to Adopt adopted Roll Call 1030
March 22, 2018SWard Amendment Offered
March 22, 2018SThird Reading Passed
March 21, 2018SWard motion to Carry Over to the Call of the Chair adopted Voice Vote
March 21, 2018SThird Reading Carried Over to Call of the Chair
March 8, 2018SRead for the second time and placed on the calendar
February 27, 2018SRead for the first time and referred to the Senate committee on Judiciary
February 22, 2018HEngrossed
February 22, 2018HMotion to Read a Third Time and Pass adopted Roll Call 441
February 22, 2018HMotion to Adopt adopted Roll Call 440
February 22, 2018HHill Amendment Offered
February 22, 2018HHill motion to Table adopted Roll Call 439
February 22, 2018HJudiciary Amendment Offered
February 22, 2018HThird Reading Passed
February 1, 2018HRead for the second time and placed on the calendar 1 amendment
January 9, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
2018-03-28
Chamber: House
Result: Passed
2018-03-22
Chamber: Senate
Result: Passed
2018-03-22
Chamber: Senate
Result: Passed
2018-02-22
Chamber: House
Result: Passed
2018-02-22
Chamber: House
Result: Passed
2018-02-22
Chamber: House
Result: Passed